Custody in Illinois

By
Roscich & Martell Law Firm, LLC
|July 27, 2013

State courts are in charge of
custody battles for their residents, each with their own laws and guidelines. One standard for all states,
however, is that the best interests of the child will come first when
determining custody.

Even after custody has been determined and a schedule has been set for
visitation, questions may arise long after the hearing. Often, these questions
involve the parent who has custody and the child moving away from the
noncustodial parent.

According to Illinois law, the custodial parent must have a court order
before permanently moving out of state away from the noncustodial parent.
The parent that wishes to move must prove to the courts that the move
is best for the child.

If you wish to move your child out of Illinois, these are the factors that
will be considered to grant you a court order to do so:

Is your attempt to move merely to upset your ex-spouse?

Will the move improve your child's and your own quality of life?

What will the new visitation rights be for the noncustodial parent?

Can a new visitation schedule be conjured that is still reasonable?

Why does the noncustodial parent not want the move to happen?

Reasons such as job opportunities, housing type, child activities, and
an a excellent school and neighborhood, along with a thought-out plan
to keep the child in touch with his or her other parent will also be considered
when attempting to relocate your child to another state.

On the other hand, if you only wish to move within the state of Illinois,
you may do so without a court order unless you have a previous agreement
that states otherwise. Although you are not legally obligated to stay
near your child's other parent, it will disrupt his or her relationship
with that parent and could potentially lead to a new custody battle for you.

Be sure to think long and hard before uprooting your child and moving him
or her away from the noncustodial parent. If you believe it is the right
thing to do, however, contact a
family law attorney for assistance on how to go about it to keep your custody arrangement
safe. Attorneys at
Roscich &amp; Martel Law Firm in Naperville, Ill. can help you today.

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.